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Name: People v. Schnathorst
Case #: C043505
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/27/2004
Subsequent History: 10/13/04 Rev. den.

Penal Code section 422 applies to threats made against a police officer. Because section 422 was enacted as part of the Street Terrorism Enforcement and Protection Act of 1988, the defendant argued that the statute was directed at “violent street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods.” Because police officers were not “citizens of [the] neighborhood,” the statute should not apply to threats against officers. The court of appeal found this interpretation to be contrary to the plain language of the statute, finding nothing unclear or ambiguous in the text of the law.